RISK PARTICULARITIES FOR CONSTRUCTION CONTRACTOR AGREEMENT
RISK PARTICULARITIES FOR CONSTRUCTION CONTRACTOR AGREEMENT

Summary/Abstract: Arising from the corroboration of article 1874 with the provisions of article 1851, paragraph 1 related to article 1166 of the Civil Code, the contract for construction works is the agreement of wills between two or more parties, the party called entrepreneur or contractor assumes the obligation, at its own risk, to perform a particular construction work for the other party named beneficiary, that by law requires a building permit, in exchange for a price .What does the notion of obligation assumption imply when the entrepreneur has to execute a job, on its own risk? We believe that at the time of publishing legal norm, the legislator took into account a wide spectrum, including the accountability by the contractor on the method of implementation adopted, the type and quality of materials used and, not least, the dynamics that may arise regarding the purchase cost on labor and materials used in the execution of construction work if the contractor carries out the work using his own materials. Moreover, at first sight, although it seems imperceptible, the contractor assumes the risk of not obtaining any profit from carrying out the execution of the construction work.

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